Copyright 2005, The Press-Enterprise

Watchdog: Hiring violates Brown Act

(The Press-Enterprise 2/2/05) -- A government watchdog group on Tuesday questioned Redlands' hiring of a new administrator, saying the city may have violated a state open-meeting law.

City officials said they did nothing wrong.

"We have an excellent city attorney who watches very closely to make sure we're always within the boundaries of the Brown Act," Redlands Mayor Susan Peppler said after the City Council meeting.

The Brown Act is a California law that requires city councils, boards and commissions to conduct the bulk of their business publicly.

Another watchdog group said that it appeared that Redlands did not break the law.

Californians Aware President Richard McKee cautioned officials against being secretive.

"The appearance of secrecy itself is enough to concern the public," he said.

McKee specifically challenged the process that led to Tuesday's hiring of Don Gee, an urban planner, as Redlands' redevelopment director.

McKee said that a closed session discussion of Gee during a Jan. 18 council meeting may have been a Brown Act violation. McKee added that he had not researched the matter and had not consulted city officials or examined public records before speaking before the council.

City Attorney Dan McHugh said the discussion was a personnel matter and exempt from the Brown Act. City Manager John Davidson said earlier this week that he had informed the council during that meeting that he was planning to recruit Gee.

The Brown Act allows a city council to discuss a hiring in closed session but requires that it list the position being discussed on its agenda. The Jan. 18 Redlands City Council agenda listed the redevelopment director position under the closed-session portion of the meeting.

Peter Scheer, the executive director of the First Amendment Coalition, said Tuesday that no violation occurred as long as the hiring was approved by the council in public. He said the closed-session discussion of Gee as a job candidate appeared to be lawful.

Scheer also said that a city must report any action taken during a closed session, such as ratifying a hiring or approving a contract.

In Redland' case, no action or vote occurred, McHugh said. Redlands officials first discussed the position in September.

McKee said plans to meet with McHugh Friday and go over documents to determine whether a violation occurred. If he thinks there was one, McKee said he will ask the city to void the hiring.

The council on Tuesday appointed Gee, 56, as redevelopment director. His salary and benefits will total nearly $149,000.

Gee, 56, previously has been a redevelopment official with Fontana and Riverside.

By Roberto Hernandez